A Looney Lawyer Tried to Throw Me in Jail for a Facebook Post

This journalist learned last week in Wayne County’s 3rd Circuit Court just how fragile freedom of the press is. The battle over a Sheetz gas station in Livonia continues. Oh man, oh God, it’s still going?

A recap: Sheetz got the green light from the city council to build a gas station in Livonia. A group of residents filed two lawsuits against the city to stop it. Documents obtained by Michigan Enjoyer revealed that the current gas station owners via the Middle Eastern & North African Chamber of Commerce (MENA) were actually behind the lawsuits.

Judge Dana Hathaway ruled against MENA in both suits and appeals have been filed, allegedly. But the attorney of record for MENA, Cindy Rhodes Victor, got embarrassed. Known throughout Metro Detroit for her tendency to file frivolous lawsuits and lose most of her court fights, she filed contempt charges against me for social media posts using images taken from a livestream posted by the court to YouTube. Guilty as charged? Hold on one minute, and let’s get to the facts.

First, Victor, being the amateur she is, found it impossible to serve me the subpoena because I’m an investigator with 24 years of experience looking over my shoulder. Exhausted, she finally sent the motion via certified mail (weak sauce).

Second, she’s so low-IQ that she didn’t even get her facts straight on the motion, alleging that I posted the video myself.

Third, she claimed I posted images illegally obtained from the preceding, when in fact, I took a screenshot of the hearing from the YouTube livestream that was open to the public.

Nevertheless, Judge Hathaway dropped a stunning bench ruling that ordered me to remove all images taken from the hearing by July 31 or appear before the court for punishment. Rhodes Victor demanded jail time and fines in an amount deemed appropriate by the judge.

You’re probably thinking “Hey, man. That’s a First Amendment violation.” And you’d be right, except for one caveat. A very old and obscure court rule states that any recordings or photos taken of a hearing require the permission of the presiding judge. In an era of livestream, public hearings, and CourtTV, this is an obsolete rule, but a rule nonetheless, and I was found on the wrong side of it.

Sort of. I was unable to find where this rule has been implemented outside of in-person hearings, and the notion of a third party, specifically a member of the press, being roped into a case via a contempt motion was universally condemned as ridiculous by every attorney I spoke with.

My counsel for this matter, prominent Livonia attorney Brandon Grysko, prepped a solid First Amendment argument, but the issue never got that far.

A clever third option was agreed upon: Delete the images and leave the post up, which Judge Hathaway agreed to immediately, and dismissed the case.

Rhodes Victor, the perpetual cry-bully turned victim, levied accusations of threats made by me, to her, in the form of various social media and Michigan Enjoyer articles where I vow to continue reporting on anyone who threatens to file a lawsuit over my reporting. Well, that’s a bummer, Ms. Victor, because here’s another one.

But the appeal process against the City of Livonia over Sheetz lingers, and the gas station owner’s group, well into revamping and redeveloping their businesses, aren’t done fighting. For what, at this point, I can’t determine, but the saga continues.

The gas station owners? They’re pissed. So pissed, in fact, a subtle message was sent to me via a friendly emissary: “Back off.”

I’m not backing off anything. Livonia is my city.